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1981 Supreme(Ker) 250

BALAKRISHNA MENON
KESAVAN – Appellant
Versus
PHILOMINA – Respondent


Judgment :-

1. As per the order of the Land Tribunal, the applicant revision-petitioner who is admittedly a kudikidappukaran is found entitled to purchase 5 cents of land where the kudikidappu is situate, by virtue of the provisions of subsection (4) of S.80-A of the Kerala Land Reforms Act. This decision of the Land Tribunal is confirmed by the Appellate Authority, Land Reforms, and the applicant has come up in revision before this Court claiming that he is entitled to assignment of 10 cents of land instead of the S cents allowed by the statutory tribunals below.

2. The revision-petitioner was allowed to purchase only 5 cents on the finding that the respondent land-owner holds only less than 1 acre of land and there are two kudikidappukars in the land held by her.

3. It is not in dispute that her late husband Francis was in possession of 10.76 acres of land. Francis died in 1963. If be had died intestate, the respondent along with her two sons inherits the property left behind by her husband Francis and if her share in the total extent of land left behind by Francis is also taken into account, the respondent holds more than 1 acre of land and the kudikidappukaran will be entitled to






















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